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Know Your Rights: Whistleblower Protection Programs

Posted on behalf of Arnold Law Firm in
Whistleblowers are important to the health of our democracy and the safety of our financial markets. Whistleblowers protect the constitution, hold Wall Street accountable, and protect tax payers from fraudulent billing practices. The Occupational Safety & Health Administration (OSHA) under the U.S. Department of Labor spearheads the nations Whistleblower Protection Program. Our experienced Sacramento employment lawyers understand the pressure whistleblowers endure, and will work to protect your rights. The Whistleblower Protection Program aims to ensure that whistleblowers do not experience adverse employment-related actions when they report wrongdoing in accordance with a whistleblower statute. Employers are prohibited from discriminating against an employee who has become a whistleblower. Employers may not:
  • Fire or layoff an employee
  • Demote or reassign an employee
  • Discipline or threaten an employee
  • Refuse to hire or rehire an employee
  • Reduce hours, alter pay or reduce benefits
Employees who experience employer retaliation after becoming a whistleblower are entitled to file a retaliation claim with the OSHA. A successful retaliation claim may lead to either a settlement or if the employer refuses to cooperate, an order. In either case, the employer may be required to:
  • Reinstate a fired employee
  • Pay back wages
  • Restore all benefits
  • Other remedies
The potential remedies in a whistleblower retaliation case will depend on the adverse actions taken by the employer. When employers contest OSHA orders, whistleblowers have recourse to the federal district courts. In some cases, the suit may be brought directly by the Secretary of Labor. Depending on the statute that applies in a whistleblowing case, employees have anywhere from 30 days (Clean Air Act) to 180 days (Pipeline Safety Improvement Act) to file a retaliation complaint with the OSHA. As such, time is of the essence. The sooner you contact an attorney, the sooner you can protect your job, your wages and your benefits. The whistleblowing attorneys at Arnold Law Firm have successfully defended the rights of whistleblowers for decades. If your employer has retaliated against you after you expressed whistleblowing concerns, you must act quickly.

To discuss your potential whistleblower retaliation case, call our injury law firm at (916) 777-7777 or fill out the online contact form.

Settlement - $3,767,000

Truck Accident

A 20-year-old man who had been married for just 12 days left home on his way to work. He was driving on Pleasant Grove Road in Sutter County in the early morning when he came upon a slow-moving truck. As he pulled out to pass the truck, the truck driver turned left in front of him. The young man attempted to steer back into his lane but his vehicle struck an un-flagged piece of metal extending from the back of the truck. He died in the resulting crash.

Expert witnesses brought in by the Arnold Law Firm proved that the truck, owned and operated by a hauling firm, should never have been on the highway that morning. Specifically, the rear and side turn signals did not work and the rear-view mirror was in a poor state of adjustment at the time of the collision. As a result, the driver, who had failed to properly inspect the vehicle before setting out that morning, couldn’t see the young man’s vehicle as it attempted to pass.

The poor condition of the truck, its lack of maintenance and the manner in which it was operated were found to be substantial factors in causing the collision that killed the young man. The testimony also established that the man had been making a lawful pass at the lawful speed limit and acted reasonably when he attempted to avoid the collision.

The man’s 20-year-old widow was awarded $3,767,000.77, his parents were awarded $185,131 and the family was reimbursed $11,899 in funeral expenses. Though money is a poor substitute for a young man’s life, this verdict demonstrates that drivers who endanger the lives of others will be held accountable for their actions.